![]() ![]() Please note: As this software is distributed in Canada, some of the clauses in this agreement are provided below in French. The above limitation or exclusion may not apply to you because your state, province, or country may not allow the exclusion or limitation of incidental, consequential, or other damages. It also applies even if Microsoft knew or should have known about the possibility of the damages. This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third party applications and (b) claims for breach of contract, warranty, guarantee, or condition strict liability, negligence, or other tort or any other claim in each case to the extent permitted by applicable law. ![]() YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, MICROSOFT EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.ġ3. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. THE SOFTWARE IS LICENSED “AS IS.” YOU BEAR THE RISK OF USING IT. In other cases of slight negligence, Microsoft will not be liable for slight negligence.ġ2. Subject to the foregoing clause ii., Microsoft will only be liable for slight negligence if Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, Microsoft is liable according to the statutory law. However, Microsoft gives no contractual guarantee in relation to the licensed software. The properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. If not, you and Microsoft consent to exclusive jurisdiction and venue in the Superior Court of King County, Washington for all disputes heard in court (excluding arbitration). federal jurisdiction exists, you and Microsoft consent to exclusive jurisdiction and venue in the federal court in King County, Washington for all disputes heard in court (excluding arbitration). If you acquired the software in any other country, its laws apply, except that the FAA governs everything related to arbitration. If you acquired the software in the United States or Canada, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of this agreement, claims for its breach, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of laws principles, except that the FAA governs everything related to arbitration. APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES. The services may not be available in all regions.ġ0. The use of those services (but not the software) is governed by the separate terms and privacy policies in the Microsoft Services Agreement at. Some features of the software provide access to, or rely on, online services. Copies of those licenses are included in the ThirdPartyNotices file or other accompanying notices file.ĭ) Microsoft Services Agreement. The software may contain third party copyrighted software licensed under open source licenses with source code availability obligations. Even if such applications are governed by other agreements, the disclaimer, limitations on, and exclusions of damages below also apply to the extent allowed by applicable law.Ĭ) Open Source Components. License terms, notices, and acknowledgements, if any, for the third party applications may be accessible online at or in an accompanying notices file. The software may include third party applications that are licensed to you under this agreement or under their own terms. You may install and run one instance of the software on up to each of ten of your Windows 10/11 devices that are linked to the Microsoft account associated with your Windows Store account, and solely for use on Windows.ī) Third Party Software. ![]()
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